II 

118TH CONGRESS 

2D SESSION S. 5309 

To require all Federal contractors and subcontractors to enroll in, and 

maintain compliance with, the E–Verify Program. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 13, 2024 

Mr. LANKFORD (for himself and Ms. SINEMA) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To require all Federal contractors and subcontractors to 

enroll in, and maintain compliance with, the E–Verify 

Program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLES. 

4 This Act may be cited as the ‘‘Secure And Fair Em5 ployment in Federal Contracting Act’’ or the ‘‘SAFE Con6 tracting Act’’. 


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1 SEC. 2. E-VERIFY COMPLIANCE REQUIREMENT. 

2 (a) IN GENERAL.—Chapter 47 of title 41, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘§ 4715. E–Verify compliance requirement 

6 ‘‘(a) DEFINITIONS.— 

7 ‘‘(1) ENTITY.—The term ‘entity’ means any or8 ganization seeking to provide goods or services to 

9 the United States Government, including any parent 

10 company, subsidiary, or affiliate of such organiza11 tion. 

12 ‘‘(2) E–VERIFY PROGRAM.—The term ‘E-Verify 

13 Program’ means the program described in section 

14 403(a) of the Illegal Immigration Reform and Immi15 grant Responsibility Act of 1996 (8 U.S.C. 1324a 

16 note). 

17 ‘‘(3) EXECUTIVE AGENCY.—The term ‘executive 

18 agency’ means— 

19 ‘‘(A) an Executive department, a military 

20 department, or an independent establishment 

21 (as such terms are defined in sections 101, 102, 

22 and 104(1) of title 5, United States Code); and 

23 ‘‘(B) any wholly owned Government cor24 poration (as defined in section 9101(3) of title 

25 31, United States Code). 


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1 ‘‘(b) CONTRACTOR CERTIFICATION.—Each entity 

2 submitting a bid or proposal for a contract with an execu3 tive agency shall include, in such bid or proposal, a certifi4 cation that such entity, and each subcontractor such entity 

5 will use to carry out its duties under such contract— 

6 ‘‘(1) is currently enrolled in the E-Verify Pro7 gram; and 

8 ‘‘(2) is fully complying with all statutes, regula9 tions, and policies governing the E–Verify Program. 

10 ‘‘(c) PROHIBITION.—An executive agency may not 

11 award a contract to an entity that has not made the cer12 tification required under subsection (b). 

13 ‘‘(d) EXTENSION OR RENEWAL OF CONTRACTS.— 

14 Not later than 1 year after the date of the enactment of 

15 the SAFE Contracting Act, each executive agency shall 

16 incorporate the procedures described in subsections (b) 

17 and (c) into their contract extension and renewal proce18 dures. 

19 ‘‘(e) AGENCY DETERMINATION OF CONTRACTOR

20 COMPLIANCE.—Each executive agency shall— 

21 ‘‘(1) evaluate each certification submitted pur22 suant to subsection (b) by any entity with which 

23 such executive agency seeks to enter into a contract 

24 and any other information relevant to the entity’s 

25 enrollment in the E-Verify Program and its compliVerDate Sep 11 2014 19:44 Dec 13, 2024 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S5309.IS S5309

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1 ance with all statutes, regulations, and policies gov2 erning the E–Verify Program; 

3 ‘‘(2) before awarding such contract, confirm 

4 that such entity— 

5 ‘‘(A) is enrolled in the E–Verify Program; 

6 and 

7 ‘‘(B) is fully complying with all statutes, 

8 regulations, and policies governing the E–Verify 

9 Program; and 

10 ‘‘(3) after awarding such contract— 

11 ‘‘(A) monitor such entity’s continued com12 pliance with all statutes, regulations, and poli13 cies governing the E–Verify Program; and 

14 ‘‘(B) annually post, on a publicly available 

15 website, such executive agency’s findings re16 garding such compliance. 

17 ‘‘(f) PROCEDURES FOR NONCOMPLIANCE.— 

18 ‘‘(1) NOTICE.—Not later than 14 days after an 

19 executive agency determines that an entity currently 

20 contracting with such executive agency is not in full 

21 compliance with all statutes, regulations, and poli22 cies governing the E-Verify Program, such executive 

23 agency shall submit written notice to such entity de24 scribing such noncompliance and any actions such 

25 entity must complete to return to full compliance. 


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1 ‘‘(2) CONSEQUENCE FOR CONTINUED NON2 COMPLIANCE.—If an entity fails to return to full 

3 compliance during the 30-day period beginning on 

4 the date on which such entity receives notice pursu5 ant to paragraph (1), such entity shall be referred 

6 to the Administrator of General Services for suspen7 sion and debarment proceedings in accordance with 

8 subpart 9.4 of the Federal Acquisition Regulation. 

9 ‘‘(g) SUBCONTRACTOR COMPLIANCE.— 

10 ‘‘(1) IN GENERAL.—Before any subcontract is 

11 awarded under any contract awarded by an executive 

12 agency, such executive agency shall ensure that the 

13 entity selected for such subcontract— 

14 ‘‘(A) is enrolled in the E-Verify Program; 

15 and 

16 ‘‘(B) maintains continuous compliance with 

17 all statutes, regulations, and policies governing 

18 the E–Verify Program. 

19 ‘‘(2) PROCEDURES FOR NONCOMPLIANCE.— 

20 ‘‘(A) NOTICE.—Not later than 14 days 

21 after an executive agency determines that an 

22 subcontractor of an entity currently contracting 

23 with such executive agency is not in full compli24 ance with all statutes, regulations, and policies 

25 governing the E-Verify Program, such executive 


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1 agency shall submit written notice to such sub2 contractor describing such noncompliance and 

3 any actions such subcontractor must complete 

4 to return to full compliance. 

5 ‘‘(B) CONSEQUENCE FOR CONTINUED

6 NONCOMPLIANCE.—If a subcontractor fails to 

7 return to full compliance during the 30-day pe8 riod beginning on the date on which such sub9 contractor receives notice pursuant to subpara10 graph (A), such subcontractor shall be referred 

11 to the Administrator of General Services for 

12 suspension and debarment proceedings in ac13 cordance with subpart 9.4 of the Federal Acqui14 sition Regulation.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 for chapter 47 of title 41, United States Code, is amended 

17 by adding at the end the following: 

‘‘4715. E–Verify compliance requirement.’’. 

18 SEC. 3. IMPLEMENTATION. 

19 (a) IN GENERAL.—Not later than 180 days after the 

20 date of the enactment of this Act— 

21 (1) the Federal Acquisition Regulatory Council 

22 shall amend the Federal Acquisition Regulation to 

23 implement and the amendments made by section 2; 

24 and 


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1 (2) the Administrator of the Office of Federal 

2 Procurement Policy shall develop and implement all 

3 policies and procedures necessary to implement such 

4 amendments, which, after consultation with the Di5 rector of the Office of Management and Budget, 

6 shall include clarification of the responsibilities and 

7 expectations of Executive agencies in monitoring 

8 contractor enrollment in, and compliance with, the 

9 E-Verify Program. 

10 (b) DATA COLLECTION.—Not later than 1 year after 

11 the date of the enactment of this Act, to help ensure the 

12 accuracy of Federal procurement data and to better mon13 itor contractor compliance with the E–Verify Program, 

14 U.S. Citizenship and Immigration Services shall— 

15 (1) develop and implement information collec16 tion measures detailing Federal contractors enrolled 

17 in the E-Verify program; and 

18 (2) notify Executive agencies of such informa19 tion collection measures once such measures have 

20 been developed and implemented. 

21 (c) LIMITATIONS ON REGULATIONS, POLICIES, AND

22 PROCEDURES.—Regulations, policies, and procedures 

23 issued pursuant to subsection (a) may not reduce or limit, 

24 or authorize waivers for, any of the requirements described 

25 in of the amendments made by section 2. 


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1 SEC. 4. ANNUAL REPORT. 

2 (a) IN GENERAL.—Section 1131 of title 41, United 

3 States Code, is amended— 

4 (1) in the section heading, by striking ‘‘re5 port’’ and inserting ‘‘reports’’; 

6 (2) by striking ‘‘The Administrator’’ and insert7 ing the following: 

8 ‘‘(a) IN GENERAL.—The Administrator’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(b) E–VERIFY COMPLIANCE REPORT.—The Admin11 istrator, in consultation with the Director of U.S. Citizen12 ship and Immigration Services, shall annually submit a 

13 report to the appropriate congressional committees that— 

14 ‘‘(1) summarizes the information posted on 

15 each executive agency’s public website pursuant to 

16 section 4715(e)(3)(B); and 

17 ‘‘(2) identifies the number of entities that have 

18 been referred to the Administrator of General Serv19 ices during the reporting period pursuant to section 

20 4715(f)(2) due to continued noncompliance with the 

21 E–Verify Program.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections 

23 for chapter 11 of title 41, United States Code, is amended 


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1 by striking the item relating to section 1131 and inserting 

2 the following: 

1131. Annual reports. 

Æ 


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